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HomeMy WebLinkAbout1994-10-17 MinutesMINUTES OF THE BOARD OF ADJUSTMENT AND THE BOARD OF SIGN APPEALS A meeting of the Fayetteville Board of Adjustment/Sign Appeals was held on Monday, October 17, 1994, at 3:45 p.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Larry Perkins, Gerald Boyd, Lonnie Meadows, Thad Hanna, and Craig Rivaldo MEMBERS ABSENT: Marion Orton and Robert Sickle OTHERS PRESENT: Tim Conklin, Sharon Langley, and others PROTOCOL Mr. Perkins called the meeting to order and explained the format of the meeting. APPEAL NO. BA94-28 - REQUEST FOR A VARIANCE FROM THE REQUIRED BUILDING SETBACKS DANIEL & KATHY WARD - 426 HIGHLAND AVE The first item was Appeal BA94-28 submitted by Daniel B. and Kathy S. Ward for property located at 426 Highland Avenue and zoned R-2, Medium Density Residential. The request was for a variance from the required building setbacks. Mr. Conklin advised the applicant proposed to construct a new 216 square foot wood deck on the side of the existing house which would be attached to the existing porch on the north side of the house, then run along the side of the house to the back deck. He added that, if the proposal were granted, there would be a total separation of approximately 13 feet between the deck and the adjoining house. He noted the staff forwarded this information to the Board of Adjustment for their consideration. Mr. Rivaldo noted this was similar to a request they had reviewed at a previous meeting and wondered if the Fire Department would need to approve it. Mr. Conklin advised he did not know what the criteria was, but they could have the Fire Department look at the property. In response to questions, Ms. Ward advised the structure had not been used for anything but single-family for at least ten years. He added their existing deck in the back came off of their bedroom and the existing porch would only accommodate a bar-b-que grill and one person. Mr. Boyd pointed out with this proposal, they would have 360 square feet of deck and suggested they could construct a 4 -foot wide deck along the side of the house to give access to the back deck from the porch and be within the 8 -foot setback. Mr. Ward noted he might want to do the 4 -foot deck and add a triangular area out from the back deck. Mr. Boyd noted if the triangular area was not within the setback, a variance would be needed. Mr. Ward advised hie neighbors had no complaints about the proposed deck. After further discussion, Mr. Ward opted to propose a diagonal cut on the deck to gain access to the back deck with the rest of the deck being 4 to 5 feet in width instead of as it was originally proposed. Mr. Conklin clarified they would be voting on the amended proposal of the request as described by Mr. Ward. at? • • • Board of Adjustment/ Sign Appeals October 17, 1994 Page 2 MOTION Mr. Boyd made a motion to grant the variance as amended. The motion was seconded by Mr. Hanna. The motion carried unanimously with a 5-0-0 vote. • • • Board of Adjustment/ Sign Appeals October 17, 1994 Page 3 APPEAL NO. BA94-30 JOE HENRICKSON - 234 OKLAHOMA WAY The next item was Appeal No. BA94-30 submitted by Joe Henrickson for property located at 234 Oklahoma Way and zoned R-1, Low Density Residential. The request was for a variance from the required building setbacks. Mr. Conklin advised the applicant had requested a variance in order to construct a 384 square foot storage/garage. He noted access to the southeast corner of the lot was from Skyline Drive located behind and north of the three-story home that was currently under construction on Skyline Drive. He advised the access easement did not appear in any City records and noted the applicant had stated there had been a legal arrangement made to grant access to him off of Skyline Drive. He added the staff's recommendation was that the variance request be granted with the stipulation that access documentation be provided to the City. In answer to questions, Mr. Henrickson advised there had been legal documentation in regard to the access of the road some time ago when someone had proposed to move it. Mr. Norm Moulden, an adjoining property owner, advised he had purchased the lot behind the subject property and there was documentation in his paperwork there was a legal road and accessed all the houses up to the cross. He noted the access appeared to be an alley. Mr. Conklin reiterated he had not found any evidence that the access was platted as a public road or alley and noted his concern was allowing for a garage to be built in a location with potential future problems with access. Mr. Perkins agreed they needed clarification or documentation in regard to the access in question. Mr. Boyd advised one problem would be the question of who was responsible for maintaining the access. In response to further discussion, Mr. Henrickson stated he did not see the problem with the access since the road had been there for at least 22 years and was in use on a daily basis. Mr. Perkins pointed out without legal documentation, anybody could close off the road at any time. He further stated they could vote on the variance leaving the problem of access to Mr. Henrickson. Mr. Boyd noted it should be documented that Mr. Henrickson assumed all responsibility for maintaining his access to the proposed building and did not hold the City responsible. MOTION Mr. Boyd moved to grant the request with the provision that the applicant and his successors assume and maintain all responsibility for access to the easement to his building and note that the City did not warrant such access. The motion was seconded by Mr. Meadows The motion carried 5-0-0. Rai Board of Adjustment/ Sign Appeals October 17, 1994 Page 4 MINUTES: The Minutes of the Regular Board of Adjustment/Sign Appeals Meeting of October 3, 1994 were approved as written. There being no further business, the meeting was adjourned. ago